Las presunciones y la reparación del daño antijurídico en la jurisprudencia del Consejo de Estado ¿Absurdos o aciertos?
The Third Section of the Council of State as guarantor of the processes that seek direct reparation of the victims that demands that they be repaired and that it be declared that an unlawful damage was presented either by the direct action or possible omission of state entities. That is why said ent...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8098136 |
| Source: | Revista Ratio Juris, ISSN 1794-6638, Vol. 16, Nº. 33 (July-December), 2021 |
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| Summary: |
The Third Section of the Council of State as guarantor of the processes that seek direct reparation of the victims that demands that they be repaired and that it be declared that an unlawful damage was presented either by the direct action or possible omission of state entities. That is why said entity has raised and developed a series of presumptions, which have served as the basis for granting and liquidating, and in some cases, for denying the recognition of alleged damages. This article presents a presentation of the most important assumptions raised and developed by the Council of State in order to analyze each one of them, in order to verify if they constitute true successes in favor of comprehensive reparation and the consolidation of a efficient justice and in accordance with the Social State of law, or if they represent an absurdity in the face of said ideals. |
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